Gene Ball v. Board of Trustees of the Kerrville Independent School District

GODBOLD, Circuit Judge,

specially concurring:

I agree that the district court did not commit reversible error in refusing to reinstate Ball’s federal cause of action, but my reasons are different from that stated by the majority.

My colleagues approach this as just another “hair case” and hold that Ball has raised no substantial federal question, that is, no cause of action. This is a ground different from t]iat of the trial court and it was not urged by appellees on this appeal and neither briefed nor argued.1 The majority decide the due process issue but do not purport to address or reach the…